Pipia v. Turner Construction Co.
114 A.D.3d 424
| N.Y. App. Div. | 2014Background
- Plaintiff Pipia was injured on a float stage in navigable waters; accident occurred between Governor’s Island and Brooklyn.
- Plaintiff employees covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA); federal maritime law applies.
- LHWCA precludes recovery against the injured worker’s employer, JES, on the Labor Act claims.
- Float stage was found to be a vessel for LHWCA purposes, limiting claims against Trevcon and others.
- LHWCA does not preempt New York Labor Law and common-law negligence claims against GIPEC and Turner; remaining local considerations apply.
- Court granted partial summary judgment: §240(1) against GIPEC and Turner; dismissed cross-claims against JES for breach of contract to procure insurance and indemnification in certain respects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does LHWCA preclude claims against JES? | LHWCA bars employer claims against JES. | LHWCA precludes recovery against JES as employer. | Precluded; cannot sue JES. |
| Is the float stage a vessel under LHWCA? | Float stage functions as a vessel used to transport people/materials over water. | Not a vessel under LHWCA. | Yes, the float stage is a vessel for LHWCA purposes. |
| Does LHWCA preempt NY Labor Law claims against GIPEC and Turner? | No preemption; NY law can apply. | LHWCA preempts state claims arising from maritime activity. | LHWCA does not preempt GIPEC and Turner claims. |
| Whether § 240(1) liability lies against GIPEC and Turner | Plaintiff entitled to §240(1) relief against GIPEC and Turner. | Argument insufficient to avoid summary judgment against them. | Granted; plaintiff succeeds on §240(1) against GIPEC and Turner. |
| Indemnification and insurance cross-claims involving JES, Trevcon, GIPEC, and NYCEDC | Trevcon/other entities liable for indemnification and insurance obligations. | Indemnity and procurement insurance issues controlled by contract terms and LHWCA restrictions. | Triable issues resolved: Trevcon and others not entitled to indemnification against JES; insurance provisions limiting coverage are upheld. |
Key Cases Cited
- Stewart v. Dutra Constr. Co., 543 U.S. 481 (U.S. 2005) (float-stage vessel determination under LHWCA)
- Cammon v. City of New York, 95 N.Y.2d 583 (N.Y. 2000) (LHWCA preemption and state-law claims interplay)
- Olsen v. James Miller Marine Serv., Inc., 16 A.D.3d 169 (1st Dep’t 2005) (federal maritime law applicability in NY proceedings)
- Pesca v. City of New York, 298 A.D.2d 292 (1st Dep’t 2002) (§240(1) protections and related standards)
- Dooley v. Peerless Importers, Inc., 42 A.D.3d 199 (2d Dep’t 2007) (§240(1) elevation-related risk discussion)
- Walls v. Turner Constr. Co., 4 N.Y.3d 861 (N.Y. 2005) (general contractor status for §240(1) liability)
- Raffa v. City of New York, 100 A.D.3d 558 (1st Dep’t 2012) (notice and dangerous condition considerations under negligence)
- Keane v. Chelsea Piers, L.P., 71 A.D.3d 593 (1st Dep’t 2010) (waves as obvious condition; negligence standards)